IN THE DISTRICT COURT OF THE VIRGIN ISLANDS 
DIVISION OF ST. THOMAS AND ST. JOHN 
UNITED STATES OF AMERICA, 
                                            Plaintiff, 
v. 
FRANCISCO HERNANDEZ PENALOZA, 
Defendant. 
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Case No. 3:24-cr-0025 
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ORDER 
 
THIS MATTER comes before the Court on the Report and Recommendation of the 
United States Magistrate Judge dated December 10, 2025, ECF No. 97, recommending that 
the Defendant’s plea of guilty to Count Two of the Indictment, Possession with Intent to 
Distribute Cocaine on Board a Vessel Subject to the Jurisdiction of the United States, a 
violation of Title 46, United States Code, Sections 70503(a)(1), 70506(a), and Title 18, United 
States Code, Section 2, be accepted, and the defendant be adjudged guilty. After careful 
consideration and review, and there being no objection, it is hereby 
ORDERED that the Report and Recommendation, ECF No. 97, is ADOPTED; it is 
further 
ORDERED that Defendant Francisco Hernandez Penaloza’s plea of guilty as to Count 
Two of the Indictment is ACCEPTED, and that Francisco Hernandez Penaloza is adjudged 
GUILTY on that count; it is further 
ORDERED that, pursuant to Fed. R. Crim. P. 32(c)(1)(A), the U.S. Probation Office shall 
conduct a presentence investigation for the preparation of a presentence report; it is further 
Case: 3:24-cr-00025-RAM-GAT     Document #: 110     Filed: 01/05/26     Page 1 of 2
United States v. Penaloza 
Case No. 3:24-cr-0025 
Order 
Page 2 of 2 
 
ORDERED that the U.S. Probation Office shall disclose the preliminary presentence 
report to the parties no later than February 13, 2026; it is further 
ORDERED that the parties shall submit any objections or corrections to the 
preliminary presentence report to the U.S. Probation Office no later than March 6, 2026; it 
is further 
ORDERED that the U.S. Probation Office shall disclose the final presentence report to 
the parties and the Court no later than March 20, 2026; it is further 
ORDERED that the parties shall file their sentencing memoranda no later than April 
2, 2026; and it is further 
ORDERED that a sentencing hearing shall be held on April 17, 2026, at 11:30 A.M. 
in STT Courtroom No. 1 before Chief Judge Robert A. Molloy.  
 
Dated: January 5, 2026 
 
/Robert A. Molloy 
 
 
 
 
  
 
 
 
 
ROBERT A. MOLLOY 
 
 
 
 
 
 
 
Chief Judge 
 
 
 
 
 
 
 
Case: 3:24-cr-00025-RAM-GAT     Document #: 110     Filed: 01/05/26     Page 2 of 2